what is a court order for costs is this ...

Asked by Linda55600 on 13-12-2023 14:14:57
Question posted in the General Law category relating to Western Cape

what is a court order for costs - is this the same as a judgement against my name

Message from the Lawyer

Posted by Att. Patrick on 13-12-2023 19:25:48

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

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An order for costs is normally given at the same time as the main court order. So a typical court order would read something along the following lines:

The Defendant is ordered to pay the Plaintiff the amount of R10,000The Defendant is ordered to pay interest on the aforesaid amount at the rate of 10% pa from date of judgment to date of final payment. The Defendant is order to pay the costs of this application, on a party / party scale.

So, it is really the JUDGMENT which is entered agaisnt your name, which includes the costs order. 

Message from the client

Hi, my former attorney has told me there is a court order against me for costs of an action - we paid the action but the costs still have to be taxed as the Plaintiffs attorney has not taxed costs as yet this is over a year later. i went to court to look at my file and all it say on the cover is settled rule 17(5). but there is no settlement letter in file and the clerk of the court say my attorney should have given me a copy.
would this costs order be a judgement

Message from the Lawyer

Posted by Att. Patrick on 14-12-2023 19:20:51

If there is a court order, that court order is a judgment against you. 

It doesn't matter that you've paid the capital amount. There might be interest or costs outstanding. 

Until such time as the attorney taxes a bill, there is nothing for you to pay. 

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